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Forced Venue and Jurisdiction Clauses: How Brokers Use Litigation Cost Barriers to Eliminate Accountability
Forced venue clauses in broker NDAs can make litigation prohibitively expensive for buyers. A North Carolina attorney explains how these provisions create power imbalances and block accountability.
Evan Howard
Nov 269 min read
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Interference With Future Business Relationships: How NDAs Morph Into Perpetual Restraints on Trade
Discover how broker NDAs restrict your business relationships years after evaluation. NC attorney explains why these provisions violate restrictive covenant law.
Evan Howard
Nov 149 min read
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Digital Storage Prohibitions in Broker NDAs: Unenforceable Restrictions That Destroy Modern Due Diligence
Learn why broker NDAs prohibiting digital storage of confidential information are impractical and create violation traps. NC attorney explains how these provisions make due diligence impossible.
Evan Howard
Nov 710 min read
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Unlimited Audit Rights Over Buyer Records: Surveillance and Trade Secret Violations Hidden in NDAs
Discover how broker NDAs grant unlimited audit rights over buyer business records without limits or safeguards. NC attorney explains privacy violations and trade secret risks.
Evan Howard
Nov 69 min read
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Broad Indemnification Despite Disclaimers: How Brokers Demand Protection From Their Own Misconduct
In our ongoing series examining the 14 Hidden Dangers Lurking in Business Broker NDAs , we have explored numerous provisions that create one-sided risk allocation favoring brokers. Today we examine perhaps the most contradictory and indefensible provision: broad indemnification clauses that require buyers to defend and pay legal costs for brokers against claims related to confidential information, while simultaneously stating that brokers make no warranties about the accurac
Evan Howard
Nov 510 min read
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Extended Commission Periods for Employment: How Business Brokers Block Legitimate Career Opportunities
Discover how extended commission periods in broker NDAs function as illegal restraints on trade under NC law. Attorney explains why employment relationship commission claims violate statute 75-1.
Evan Howard
Nov 49 min read
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Hidden Jury Trial Waivers in Business Broker NDAs: Surrendering Constitutional Rights Without Knowing
Learn why hidden jury trial waivers in broker NDAs violate NC law. Attorney explains why buried jury waivers aren't conspicuous and how to protect constitutional jury rights.
Evan Howard
Nov 39 min read
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Asymmetric Liability Caps in Business Broker NDAs: All Risk, No Protection
Learn why asymmetric liability caps in broker NDAs are unfair and potentially unconscionable. NC attorney explains how brokers cap their liability while imposing unlimited buyer liability.
Evan Howard
Oct 3111 min read
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Punitive Penalty Clauses in Business Broker NDAs: When Liquidated Damages Become Illegal Punishment
Discover how excessive penalty clauses in business broker NDAs can unfairly punish buyers. NC attorney explains enforceability issues, legal risks, and how to protect your interests in business transactions.
Evan Howard
Oct 3011 min read
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When Brokers Use the Wrong Forms: Real Estate Documents for Business Sales
Learn why business brokers using real estate confidentiality agreements for business sales is dangerous. NC attorney explains the legal gaps and risks of wrong document types.
Evan Howard
Oct 298 min read
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